Jay M. Behmke - Partner Practice Focus Mergers and Acquisitions, Alcoholic Beverage Law, Intellectual Property, Business Formation, Real Property Education Bachelor of Arts, Princeton University, 1977 Juris Doctorate, Yale Law School, 1983 Master of Philosophy, Yale Graduate School, 1983  E-Mail

Experience

Jay Behmke has practiced law in Sonoma County since 1992, with a focus on the wine and grape industry. He represents wineries, vineyard owners, nurseries, wholesalers, importers, retailers, restaurants, and other wine-related businesses in connection with a wide variety of business and real estate transactions.

 

Mr. Behmke has particular expertise in three areas:  Mergers and Acquisitions, Alcoholic Beverage Law and Intellectual Property.

 

He regularly represents buyers and sellers of wineries and vineyards, and advises such clients on issues related to due diligence and preparation for sale; negotiation of letters of intent and purchase agreements, and structuring the transfer of alcoholic beverage businesses in compliance with alcoholic beverage regulations.

 

His alcoholic beverage practice involves representation of wineries, wholesalers, importers, retailers and restaurants in connection with issues related to permits, trade practices and transfers of licenses on both state and federal levels. He advises clients in the alcoholic beverage business on matters related to marketing, franchise laws, and direct shipping, and on how to structure innovative business models in compliance with alcoholic beverage regulations.

 

His IP practice includes representation of owners of trademarks and copyrights in issues related to selection of trademarks, registration, licensing, and infringement. He currently manages over 250 trademarks for wine, food, restaurants and related goods. He has also represented owners of proprietary plant varieties in connection with issues related to licensing such varieties in the US, as well as in Chile, Australia, South Africa, Spain, Turkey and other countries.

 

Mr. Behmke advises several industry trade associations in connection with federal and state regulations affecting the wine industry. He teaches classes on business formation, alcoholic beverage regulation, and trademarks at Sonoma State University. Mr. Behmke speaks regularly to groups in the wine industry on legal issues.

 

From 1988 to 1992, Mr. Behmke served as chief financial officer of Belvedere Winery (350,000 case production at its peak) and its associated vineyard company (450 producing acres), where he gained invaluable experience in the management and operation of a wine business.

 

In 1986-87, Mr. Behmke taught courses in American law at the Institut de Droit des Affaires, Université d'Aix-Marseille, Aix-en-Provence, France, on a Fulbright scholarship. There he first learned to appreciate wine, and discovered wine law as a legal specialty. He is fluent in French. As a member of the United States Delegation to the Office International de la Vigne et du Vin (OIV) from 1989 to 2000, he had an opportunity to tour the wine regions of France, Spain, Italy, Portugal, Germany, South Africa, Russia, Georgia, Uruguay, Argentina and Chile.

Professional and Community Activities

• State Bar of California, Business, Intellectual Property and Real Estate Sections
• Member, International Wine Law Association
• President, Sonoma Sculling Society